Commonwealth Personnel in the Armed Forces

[Mr Virendra Sharma in the Chair]

I beg to move,

That this House has considered fair treatment for Commonwealth personnel in the armed forces.

I am pleased to have been granted this debate today, Mr Sharma, and to speak under your chairmanship. I thank right hon. and hon. Members who have joined us for today’s debate.

We often speak in this place about the need to support veterans and their families after they have served our country. However, there is now clear evidence that the Commonwealth personnel serving in the armed forces are being left behind. It is a duty of this and any Government to support all those who serve in the armed forces, including those from Commonwealth nations who serve with distinction alongside their comrades from the UK and Ireland. Commonwealth citizens have long made significant contributions to the defence of the United Kingdom, including during the first and second world wars. They continue to play an important role in the UK armed forces, serving in operations worldwide.

The tradition of soldiers recruited from across the Commonwealth and other former colonies serving in the British armed forces is the legacy of a time when Britain had an extensive military role in garrisoning and policing the largest empire in the world. Indeed, the Brigade of Gurkhas has celebrated over two centuries of continuous loyal service to Britain, initially under the command of the East India Company from 1814, then within the British Indian Army from 1895, and continuing within the British Army after the 1947 decolonisation of India until the present day.

Commonwealth soldiers, like all members of the armed forces, are prepared to sacrifice their lives for the defence of our country. I believe that all armed forces personnel, regardless of their background or country of origin, should be treated equally and with gratitude. Much like ordinary civilians, Commonwealth soldiers are being unfairly treated by the Home Office, which is not doing enough to end the hostile environment it has created at immense cost to society. Given the ongoing recruitment crisis and the Government’s recent decision to recruit more Commonwealth personnel, it is all the more urgent that the Government review any recruitment barriers. The Labour party recognises the immense debt that we owe to all personnel, veterans and their families, and the need to ensure that they have the very best support. Today, I call upon the Government to do the same.

According to the Royal British Legion, over 6,000 personnel from foreign and Commonwealth countries are currently serving in the UK armed forces, with more recruited each year to fill technical and specialist roles. In 2018 the Army employed approximately 4.5% of its personnel—or 5,290—from foreign and Commonwealth nations. Although the Army has been the main recipient of Commonwealth recruits, the Royal Navy and the Royal Air Force also recruit from Commonwealth countries. The majority of those recruits come from countries in Africa, the Caribbean, Nepal and Fiji in the Pacific; they are also generally concentrated in non-commissioned ranks and within infantry units. That is despite the Conservative Government cutting the size of the regular Army from a peak of 114,000 in 2010 to a target size of 82,000 by 2020, and privatising recruitment to a company called Capita in 2012. However, in July 2018 the Army was 5,600, or about 7%, short of the number of regulars needed, and it is highly unlikely to meet its target headcount for 2020.

The Army and Capita have not recruited the number of regulars and reserves needed to sustain the required headcount in any year since the contract began, even though that headcount has been heavily reduced. The total annual shortfall has ranged from 21% to 45% of the Army’s annual requirements. To illustrate the contrast, in the two years before the contract with Capita began, the annual shortfall was just 4%. In late 2018 the Ministry of Defence announced its intention to increase further its reliance on Commonwealth personnel, as home recruitment continues to chronically underperform. It aims to recruit 1,350 personnel per annum, including expanding the Brigade of Gurkhas by more than 800 posts and extending the right for women to join, too.

However, the immigration status of the Gurkhas and other Commonwealth personnel has been a significant matter of contention over the past two decades, led most notably by the Gurkha Justice Campaign. Until 2004, Gurkhas were not allowed to settle in the United Kingdom. The Labour Government under Tony Blair changed the rules to allow Gurkhas who retired after 1997 to settle in the UK, because 1997 was the year in which the Gurkhas’ brigade headquarters transferred from Hong Kong to Britain. In May 2009, following a campaign by Gurkha veterans, Gordon Brown’s Labour Government announced that all Gurkha veterans who had served four years or more in the British Army before 1997 would also be allowed to settle in Britain.

It seems to me extraordinary that our country placed such barriers to citizenship in the way of those who served this nation so gallantly in the first place. In my opinion, this situation reveals a latent neo-colonial mentality in the Ministry of Defence and the Home Office when it comes to championing the equal right of those who have served us in uniform to become British citizens.

Commonwealth personnel are exempt from UK immigration controls throughout their service, but that exemption is removed immediately upon discharge. Former personnel who wish to stay in the United Kingdom indefinitely, whether with their family or alone, are required to apply for indefinite leave to remain. In alignment with civilian applicants for indefinite leave to remain, veterans are subject to several requirements, including four years’ qualifying residency in the United Kingdom—which, of course, is obtainable via four years’ service in the armed forces. However, veterans are also subject to a non-refundable fee of £2,389 per person. Fees for indefinite leave to remain have risen by 127% in the past five years, to £2,389 per person—since they were introduced in 2003, those fees have risen by 1,441%. The Royal British Legion has said that it provided £36,000 in grants over the past year alone to help pay for those visa fees, which is money that could have been spent on any number of better and more direct veteran support services. What an appalling diversion of time, effort and resource.

I congratulate my hon. Friend on securing this important debate. As he rightly highlights, Commonwealth soldiers have long made significant contributions to the defence of our country, including during the first and second world wars, and they continue to do so to this day. However, they are now being charged exorbitant fees by the Government when making Home Office applications, which is frankly appalling given their immense sacrifices. Does he agree that it is high time the Government ended the hostile environment that they have created?

I thank my hon. Friend for that contribution, and for reiterating the frustration that many feel about the Government’s wrong-headed position.

I am slightly conscious of the manner in which the debate is already going. I simply interject about the use of the words “hostile environment”, because I hope that there will be cross-party consensus on where we want to take this issue. I invite the hon. Member for Glasgow North East (Mr Sweeney) to urge caution on such language. The fees for those from the Commonwealth who serve in our armed forces are the same fees that everybody must pay, no matter where they are from. Those people are not being targeted, and nor are those fees part of any form of hostile environment. I simply invite the hon. Gentleman to keep the debate as elevated as possible, rather than getting down into some political rut.

I thank the Minister for his sentiments. The term “hostile environment” is born of persistent and comprehensive observation of the behaviour of the Home Office across a number of different fronts. It does not pertain particularly to service personnel; that is merely another permutation of how it harms quality of life, including that of our armed forces personnel. I am encouraged by the Minister’s aspiration to reach consensus on this issue, which I share, but I also acknowledge that there is a significant problem within our immigration system. I believe that our armed forces personnel should be treated as exceptional cases. That is the thrust of my argument today, which I will elaborate on further as we go forward.

I share the concerns of my hon. Friend the Member for Slough (Mr Dhesi) about the costs associated with service leavers applying for indefinite leave to remain. A service leaver who wants their partner to join them with indefinite leave to remain faces a bill of £4,778 to continue to live in the UK, even before children and further dependants are taken into account. Furthermore, immigration rules state that a foreign worker must earn an income threshold of £18,600 to apply to bring their spouse to the UK. In addition to that £18,600 threshold, the minimum income requirement to bring over one child is £22,400, with an additional £2,400 for each child thereafter. To put that into context, a soldier’s basic pay after training is just £18,600 a year; as a single person, they are right on the threshold.

It is difficult to understand just how vital the support of friends and family is to serving personnel who, during tours of duty in conflict zones, work antisocial hours in conditions that are often appalling. Impeding the opportunity for those who serve to have their families living with them, providing that close emotional support, seems to me particularly callous. Considering the general concentration of Commonwealth troops in the lower ranks, and the fact that they require permission from their superiors and commanding officers to take up weekend work in order to earn sufficient money to achieve those income thresholds, doing so can be exceptionally difficult and put those troops under significant emotional hardship.

The Army Families Federation, which has also been investigating the issue, believes that up to 500 troops are affected. The AFF told The Times that it has been contacted by around a dozen soldiers separated from their children, and that Army chaplains and welfare officers have reported tearful troops in despair over their situation. There are also concerns that Commonwealth soldiers are not always aware of the issues prior to joining the UK armed forces, and it comes as a very unwelcome and distressing shock when they realise the limitations they face.

I should declare an interest at the beginning of my speech, because, possibly like you, Mr Sharma, I am, to some extent, a child of the Commonwealth, having spent my early years in Kenya. I congratulate the hon. Member for Glasgow North East (Mr Sweeney) on securing this debate for all of us in a crowded Commons diary. This is an important issue for those who most respect the role of the Commonwealth and of the UK in the Commonwealth, and the contribution the two make together to the world. In particular, through the peacekeeping efforts of our armed forces, our Commonwealth servicemen and women make a contribution to global peace. It is also worth referring to the fact that the hon. Gentleman is, I think, one of only three Labour party reservists on the Benches of the House of Commons. He has served in the Signals and the Royal Regiment of Scotland, so he knows of what he talks, and I think we would all recognise his contribution.

I want to focus on one aspect of the role of Commonwealth servicemen and women in our armed forces, which is the one that the hon. Gentleman referred to. It refers back to the cross-party letter that I organised with the hon. Member for Bridgend (Mrs Moon), who has a distinguished role in the NATO Parliament. I am delighted that the hon. Member for Glasgow North East has decided to add his signature to that letter today, which takes the number of Members of Parliament who have signed to 134, remembering always that those on the Front Benches on both sides are unable to sign such letters. It is fair to say that the letter is representative of a large body of feeling in the House of Commons.

The key points on the visa fees for Commonwealth armed forces personnel have been alluded to by the hon. Gentleman, but I would like to add two or three things. First, I did not start on this issue—nor did the hon. Member for Bridgend—from a position that Commonwealth servicemen were being unfairly treated, and least of all that they were in a “hostile environment”. That was not really our starting point, if I might distinguish the tone of the letter we wrote from the opening speech in this debate.

My hon. Friend is making a powerful speech. We owe a debt of gratitude to those who would give their lives in defence of this nation. Does he agree that the position in this country sits uneasily with that in other countries, such as the United States, where service in the military, either during peacetime or on active service, entitles that individual, ordinarily speaking, to be naturalised as a US citizen for the payment of no money at all? That is a proper expression of the debt of gratitude that a nation owes to those who serve in its armed forces.

My hon. Friend is absolutely right, as so often, in highlighting the issue. It boils down to a perception, at the least, of meanness on the part of our state. That does not reflect the respect that we hold for our Commonwealth servicemen and women, as the hon. Member for Glasgow North East highlighted, and as my hon. Friend rightly reiterates. That is an issue for us, particularly at a time when we are in the chair of the Commonwealth. We are responsible for having created the Commonwealth, and play such an important role in it. It is important that we recognise the value of the contribution that Commonwealth personnel make, and the risks that they run, as highlighted by the recent armed forces presence in Afghanistan, for example.

It can, of course, be argued that we should not use longer term access to indefinite leave to remain in this country as, effectively, a recruiting incentive. That should not be the primary reason why Commonwealth servicemen and women join our armed forces, and I am very conscious of that. I do not believe that that is the case, but it is something the Home Secretary will have to balance. I know that the Minister is sympathetic to the cause of ensuring that fees are, at the very least, kept to minimum, if not, as I and the hon. Member for Bridgend hope, effectively abolished completely. He will no doubt wish to comment on that.

Let me touch on one or two relevant issues, which the Home Secretary will have to consider. First, there is the issue of equality. If a special case is made for those serving in our armed forces—there is a perfectly good case for that on precisely the grounds already mentioned—the Department will have to be sure that that would not trigger a series of legal claims from those serving in other Departments where there are different risks, such as the police.

The campaign that we have triggered through the letter is also, importantly, a campaign of the Royal British Legion, which has a large membership and following in this country, and has been extremely helpful in providing me and others with relevant information, partly through freedom of information requests. One of the difficulties for the Royal British Legion, and for us, in bringing this issue alive through the media and social media is the shortage of case studies, because most of the people involved are serving servicemen and women who do not necessarily want the publicity that would go with that. That makes this a harder campaign than others with which I, and others Members present, have been involved.

It is a pleasure to follow the hon. Member for Gloucester (Richard Graham), who has clearly put over his support for the campaign. I, too, thank the hon. Member for Glasgow North East (Mr Sweeney) for presenting the case very well for all Members who will speak in the debate. I am very pleased to see the Minister in his place. I echo the thoughts that he expressed earlier: we can reach consensus today, and move forward in a constructive and helpful way. I also declare an interest as a former part-time member of the Ulster Defence Regiment and the Territorial Army.

I am honoured to stand side by side with my brethren—I use that word very clearly—in every arm of the armed forces, from the Parachute Regiment, which is facing persecution, to the Gurkhas, who fought for years for recognition. One of those campaigns is concluded; the other is still to be concluded. It is my belief that every person who wears a uniform and honourably serves deserves the gratitude and support of a nation that sleeps safely in bed due to their sacrifice. It is very simple for me; I think it is very simple for us all.

I have had the chance to participate in the armed forces parliamentary scheme, along with other Members present. Through that scheme, we meet many serving Commonwealth members who qualify for the British Army because of their Commonwealth attachments and their years of service. I am encouraged by those I have met, and by their clear commitment. Part of what we are trying to do today is to support their families—we cannot ignore them.

Mental health and suicide were mentioned earlier. Does my hon. Friend agree that the welfare of our soldiers is vital, as well as that of their partners, children and families, who may go through the trauma of losing a loved one, or of a loved one sustaining life-changing injuries? I am sure that he agrees that it is important that families are looked after as well.

I thank my hon. Friend for his intervention. I wholeheartedly agree with that, as I think all Members in the Chamber would.

The background to this issue is clear. In November 2018, the five-year residency requirement for Commonwealth personnel wishing to enlist in the UK armed forces was removed in the hopes of increasing the number of Commonwealth recruits to 1,350 per year. Having met some of those recruits and serving members, I realise just how important it is to have Commonwealth soldiers in our British Army.

That seems simple enough, but for Commonwealth soldiers who wish to bring family to the UK a number of requirements must be met for those family members to enter and remain. That is the crux of this debate. The Library produced a helpful briefing, which summed up the requirement admirably, stating:

“In addition to a valid passport and visa, individuals must also meet the English language requirement and suitability criteria relating to certain criminal convictions, including previous breaches of the UK’s immigration laws. Primarily, however, there is a Minimum Income Requirement which a Commonwealth soldier must meet before they can bring family to the UK”.

We know the minimum requirement, because we deal with constituents in our offices every day, but in the particular case of soldiers, gross annual income must be at least £18,600, with an additional £3,800 for the first child and an additional £2,400 for each additional child thereafter. For a partner with no children, it is £18,600. For one child in addition to the partner, it is £22,400. For two children in addition to the partner, it is £24,800. For three children in addition to the partner, it is £27,200. There are no exemptions from the requirement, and the guidance states:

“If you cannot meet the requirement, then you are advised not to apply to bring your family over”.

In the time-honoured words of this place, Mr Sharma, it is a pleasure to serve under your chairmanship. I listened to the highly informed and thought-provoking speech of the hon. Member for Glasgow North East (Mr Sweeney) with the greatest of interest, as I have to the other contributions. This is therefore a classic example of someone having to change his speech because others have said what he wanted to say before he got there.

I, too, am, if not a child, then a grandchild, of empire. I had a cousin who commanded the 10th Baluch Regiment in the second world war. In one of the Arakan offensives, he got cut off with his soldiers behind Japanese lines. Japanese propaganda reported that he had committed suicide—cut his throat, as they put it in the English language propaganda they dropped from aeroplanes. He did not; he fought his way out of the jungle and got his troops out. I knew him as an old man, and he told me of the incredible bravery of the Baluchis and about what fantastic soldiers they were. To his grave, he said that there was nothing better.

Although my own father came from the north of Scotland, he also found himself, through a series of events, in India, in 1941. He also spoke of the extraordinary professionalism and valour of Baluchi, Punjabi and Sikh—of all manner of parts of what was then the British Indian Army in the sub-continent. He was proud to have been a member of the 14th Army—the Forgotten Army—commanded by Slim in its latter days. He was in the second wave going through Imphal, and he told me about Imphal and Kohima and what it meant. Kohima is rightly described as the Stalingrad of Britain. We beat the Japanese, but it was done with the fantastic soldiers from the Indian sub-continent and other parts of the world. Although today is the anniversary of VE-day, and Commonwealth troops contributed to the downfall of Hitler and his brutal regime, it is when celebrating the anniversary of VJ-day in a few weeks’ time that we should remember just what their contribution was, because it was absolutely massive.